Lawyer gives e-bikes warning: ‘there are no loopholes’
A lawyer has warned of the consequences that could face riders of electric bikes should something go wrong.
Peter Sanderson, an attorney who has handled many road traffic and personal injury matters, wrote a newsletter on the legalities of the vehicles after noticing some of the speeds at which they were being operated and the “recklessness” of some riders.
In recent months, the popularity of the machines, some of which can achieve speeds of up to 100 kilometres per hour, has soared.
Last month, a 14-year-old boy was stopped by police riding at 70km/h — twice the maximum speed limit.
In July, a 71-year-old woman walking on a pedestrian crossing in Hamilton was struck and injured by a 15-year-old male e-bike rider.
The increasing number of reports of excessive speeds and dangerous riding by those on e-bikes and electric-assisted pedal bikes prompted the BPS to issue an advisory in the summer.
It was said then that officers would target offences — such as speeding, riding in a careless manner, riding without due care and attention, dangerous riding and failure to obey traffic signals — outlined in the Road Traffic Act 1947.
However, e-bikes appear to fall under the Auxiliary Bicycles Act 1954.
The Act defines an auxiliary cycle as a vehicle with two or three wheels intended or adapted for use on roads that is “electrically propelled” or “mechanically propelled” with a “motor capacity not exceeding 50 cubic centimetres”.
Mr Sanderson told The Royal Gazette: “It does fall under the Auxiliary Bicycles Act. It regulates any two or three-wheeled motorised vehicle, that includes electric bikes.
“There are no loopholes here. It’s still a vehicle. If you are too young, you cannot ride one. The 14-year-old boy — it’s illegal for them to ride that.
“Beyond that, they are to be approved by the TCD and they are supposed to be insured as well.”
Additionally, Mr Sanderson spoke of the dangers of not following the rules should a collision take place.
“If you ever get into a situation, then the law is going to come down on you,” he added.
“People could be killed by one of these. It could happen on a bicycle, but e-bikes are going faster — so the risk is higher.
“Riding unlicensed and without insurance, if you cause injury or death the fact that you are on an unlicensed vehicle means you are in a much worse position.”
Luke Lindo, the owner of Dr EV, a dealer of the vehicles, explained: “You have Class 2 and Class 3 electric motorcycles.
“Two is pedal-assisted e-bikes. These are restricted to 20 miles per hour, Class 3 is restricted to 28mph and anything above that is in its own class — they are e-motos.
“I started out selling Class 2 e-bikes to people who needed them for work, transport and exercise.”
The businessman said that electric dirt bikes, which he started selling only recently, were proving popular lately, with sales approaching 20 units a month.
Mr Lindo added: “A lot of people are riding them on the roads, and this has caused some issues.
“Kids don’t have money to buy these bikes that cost thousands of dollars. It’s always parents that come in to buy.
“I have been aware of these bikes being on the island for at least five years. Their popularity has exploded.”
Mr Lindo said he does not sell or rent bikes to anyone under the age of 18 without parental permission. He also encourages all riders to wear a helmet and follow the rules of the road.
“There’s a lot of people that want to insure their e-bikes. The insurance company will simply not allow that, and therefore you cannot go to TCD,” he added.
“I have observed other countries that are going through the same legislation. That process takes years; it’s not something that’s going to happen overnight.”
From an insurance perspective, a spokeswoman for Allshores said: “Allshores does insure electric motorcycles and scooters.
“We do not insure all e-bikes, such as pedal-assisted bikes, although we will continue to closely review any updates to the existing legislation.”
Meanwhile, E. Michael Jones, a former Mayor of St George and former chairman of the tourism board, said he had spoken to a number of people in the community about the issue.
“The only reason that I know they are there is that the red warning light comes on in my rearview mirror,” he said.
“By the time the light comes on, they are already there. If it wouldn’t be for that I couldn’t see them.
“Riders are often wearing dark clothing, have no lights on and you can’t hear them.”
Mr Jones added: “I have also been told that people are bringing in different parts and motors so that a bike which might be limited has now been increased twofold.
“We welcome those young and old to enjoy the slow pace of our town.
“As a former mayor and chairman of the tourism board, it’s my extreme desire to keep our streets both safe and enjoyable.”
